Germain v. Beach
New York Court of Chancery
This was an application by the defendant Beach to dismiss the complainant’s bill for want of prosecution. The facts are sufficiently stated in the opinion of the court.
1Opinion of the Court
The Chancellor.
The complainant’s solicitor sufficiently accounts for the delay, by showing that he mistook the practice. He supposed that his first service upon the solicitor, by putting the bill in the post office and paying the postage thereon, was not regular. In consequence of this mistake, he went through the process of serving the bill, and the notice to answer, a second time. When therefore the affidavit and other papers were afterwards shown to the defendant’s solicitor, apprising him of the mistake, and containing the information that the cause was then in readiness to take…
2Cited by2 opinions
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